Development Management Committee Wednesday 13th July …€¦ · Development Management Committee Wednesday 13th July 2016 DMC2016-024 16NP0053 Burnbank Farm Page 3 of 42 2. Planning

Development Management Committee Wednesday 13th July 2016

DMC2016-024 16NP0053 Burnbank Farm Page 1 of 42

DMC2016-024 APPLICATION FOR PLANNING PERMISSION

Application No: 16NP0053

Proposed Development: Construction of five two storey detached dwellings including

new access from highway and internal circulation roads at

Burnbank Farm, Greenhaugh, Tarset, NE48 1LY

Applicant Name: Messrs Walton

Reason for DMC Decision: The applicant is a Member of the Authority

Recommendation: That Members are minded to grant planning permission with

conditions, subject to the completion of a section 106 legal

agreement for local needs housing

1. Background, Proposal & Site

Background

1.1 This application seeks planning permission for the construction of five two-storey detached

dwelling houses, each with four bedrooms, on land at Burnbank Farm, Greenhaugh. A

previous application for five detached dwellings on this site (15NP0034) has previously

been considered by Members at the Development Management Committees of July 2015,

October 2015 and April 2016. Application 15NP0034 was refused at the April 2016 DMC,

due to the proposal’s failure to make an adequate affordable housing provision, which was

required by Core Strategy Policy 11, having regard to other material planning

considerations. The history to that application was rather complex, largely due to changes

in national planning policy and guidance during the course of the consideration of the

application, and is summarised in section 3 of the report.

1.2 This application has been re-submitted due to changes that have been made to the

Government’s Planning Practice guidance following the outcome of a Court of Appeal case

in May 2016, which now indicate that Local Planning Authorities should not seek

contributions for affordable housing on schemes of this size.



1.3 The application remains the same scheme as the one submitted as 15NP0034, other than

the fact that the garages have been removed from each of the properties, with uncovered

parking areas provided in their place.

Proposal and Site

1.4 The site is located directly to the north of existing residential properties in Greenhaugh,

fronting onto the eastern side of the main road through Greenhaugh. The application site is

a greenfield site, bounded by agricultural land to the north and the east. The overall site

extends approximately 110 metres parallel to the main road and approximately 35 metres

back from its front boundary, roughly level with the rear of Horsley Cottage, a property

directly to the south of the site.

1.5 This is a full planning application and therefore sets out details of the scheme, including

the design, scale and layout of the development and details of access to the proposed

houses. The three dwellings furthest north are set back a substantial distance from the

road, between 11 and 19 metres from the front boundary of the site. The two dwellings to

the south of the site are set slightly closer to the road in a similar fashion to the existing

residential properties nearby to the south of the site. Plots 1 (north), 2 and 5 (south) are

approximately 12.3m by 9.3m, with a ridge height of 8.5m. Plots 3 and 4 are approximately

10.7m by 8.6m, with a ridge height of 8.3m.

1.6 The access to the two properties at the northern end of the development site comes via an

access road which connects from the main road at the very north of the site. The other

three dwellings will be accessed from an access road created to the south of the middle

dwelling of the five proposed.

1.7 Each of the proposed dwellings would be constructed from natural stone and slate, with

the application form stating that doors would be timber or UPVC and that windows would

be UPVC framed.



2. Planning Policy

National Policies

National Planning Policy Framework (March 2012)

Planning Practice Guidance

Ministerial Statement HCWS50 (November 2014)

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that all

proposals be determined in accordance with the development plan unless material

considerations indicate otherwise. The NPPF does not change the statutory status of the

development plan as the starting point for decision making, but is a material planning

consideration and the proposed development must also be assessed against the policies

within it. The chapters within the NPPF referred to below are considered to be of particular

relevance in the consideration of this application.

Housing

2.2 NPPF Chapter 6 sets out a policy approach to allow for the delivery of a wide choice of

high quality homes. Specific reference is made to the need to deliver housing in rural

areas. The policy outlines that local planning authorities must be responsive to local

circumstances and that housing development should reflect local needs. It highlights that

housing should be located where it will enhance or maintain the vitality of rural

communities. This approach is in line with the Authority’s own Core Strategy Policy 5 and

to meet the identified need for local needs housing, recognised by Core Strategy Policy

10.

2.3 The National Planning Policy Framework highlights that sustainable development is about

positive growth. Paragraph 14 of the NPPF stresses the fact that there is a presumption in

favour of sustainable development. Proposals that are sustainable should go ahead

without delay.

2.4 Planning Practice Guidance (PPG) relating to planning obligations has been updated on

19th May 2016. This has included the introduction of paragraph 311 into the PPG, which

sets out circumstances when planning obligations should not be sought from developers.

This includes specific circumstances where contributions for affordable housing should not

be sought from small scale and self-build development.

1 Reference ID:23b-031-20160519



2.5 The guidance states that contributions should not be sought from developments of 10 units

or less, with a maximum combined gross floorspace of 1,000sqm. For sites in a

designated rural area Authorities can choose to apply a lower threshold of 5 units. In

March 2015, the National Park Authority chose to adopt the lower threshold of 5 units.

2.6 This policy is also set out in the Written Ministerial Statement HCWS50, which paragraph

31 of PPG confirms should be taken into account, following the order of the Court of

Appeal on 13th May 2016.

Design & Amenity

2.7 Chapter 7 outlines the importance of good design of the built environment. This section

states that good design is a key aspect of sustainable development, indivisible from good

planning. High quality design should contribute positively to making places better for

people. This section of NPPF also states that planning authorities should consider using

design guides that avoid unnecessary prescription or detail, focusing on guiding the overall

scale, density, massing, height, landscape, layout, materials and access of new

development. NNPA has an adopted Building Design Guide SPD, the contents of which

are relevant to the determination of this proposal.

2.8 The NPPF is also clear that decisions should not attempt to impose architectural styles or

particular tastes unnecessarily, although it is appropriate to seek to promote or reinforce

local distinctiveness. This is also considered to be in accordance with the approach within

the adopted Core Strategy.

2.9 NPPF’s Core Planning Principles in paragraph 17 states that planning should also seek to

secure a high quality design and a good standard of amenity for all.

Natural Environment

2.10 Chapter 11 of the NPPF sets out the Government’s approach to conservation and

enhancement the natural environment. Paragraph 115 states that great weight should be

given to conserving landscape and scenic beauty in National Parks.

2.11 Paragraph 109 of the NPPF recognises that the planning system should contribute to and

enhance the natural and local environment by protecting valued landscapes and

minimising impacts on biodiversity, providing net gains in biodiversity where possible.

Again, this aspiration is considered to be consistent with the aims of the Authority’s Core



Strategy. When determining planning applications, LPAs should aim to conserve and

enhance biodiversity by applying a number of principles, including the following:

If significant harm resulting from a development cannot be avoided (through locating

on an alternative site with less harmful impacts), adequately mitigated, or, as a last

resort, compensated for, the planning permission should be refused;

Opportunities to incorporate biodiversity in and around developments should be

encouraged;

2.12 A recent consultation to changes to the NPPF was carried out between December 2015

and February 2016. However, no amendments have been made to the NPPF at the time

of writing and the consultation document carries minimal weight.

Local Policies

Northumberland National Park Local Development Framework Core Strategy and

Development Policies Document (Core Strategy)

Policy 1 Delivering Sustainable Development

Policy 2 Climate Change

Policy 3 General Development Principles

Policy 4 Major Development within the National Park

Policy 5 General Location of New Development

Policy 6 The Sequential Approach

Policy 8 Community Facilities

Policy 9 Managing Housing Supply

Policy 10 New Housing Development

Policy 11 Affordable Housing

Policy 12 Transport and Accessibility

Policy 17 Biodiversity and Geodiversity

Policy 18 Cultural Heritage

Policy 19 Tranquillity

Policy 20 Landscape Quality and Character

Policy 21 Farming

Policy 22 Trees, Woodlands and Forests

Policy 25 Renewable Energy and Energy Efficiency

Policy 27 Water and Flood Risk

Neighbourhood Policies



Tarset and Greystead Neighbourhood Development Plan (Submission Draft)

2.13 The Tarset and Greystead Neighbourhood Development Plan (NDP) has been submitted

to both local planning authorities for independent examination. This has now been

completed. The National Park Authority, the County Council and the Parish Council are

currently considering the recommendations made by the independent examiner in his

report. After these discussions, a decision will then be made as to whether or not the

plan will proceed to referendum. The policies within the submission draft NDP are

material planning considerations. However, the submission draft policies cannot be given

full weight as the NDP has not been ratified by local referendum which is necessary

before it can be legally ‘made’ by a local planning authority, when it would then become

part of the statutory local development plan.

Supplementary Planning Guidance

NNPA Building Design Guide Supplementary Planning Document

NNPA Landscape Supplementary Planning Document

3. Relevant Planning History

3.1 15NP0034 – Construction of five two storey detached dwellings including new

access from highway and internal circulation roads. Refused 14th April 2016.

3.2 When considering application 15NP0034, Members resolved in July 2015 that they were

minded to grant conditional permission subject to the signing of a Section 106 obligation

to secure local needs housing restrictions. At that time, the Ministerial Statement of

November 2014 had legal effect and schemes of five dwellings or less within the National

Park were not to be subject to affordable housing contributions, much like the current

situation.

3.3 However, the section 106 agreement for local needs restrictions was not completed

before a material change in circumstance, which meant that the application had to be re-

considered by Members in October 2015. Following a successful legal challenge by two

Local Authorities against the policy of exempting small schemes from affordable housing

contributions set out in the Ministerial Statement and National Planning Practice

Guidance (PPG) on 31st July 2015, this policy was ruled to be unlawful. The guidance

was immediately removed from Planning Practice Guidance (PPG) and the Ministerial

Statement no longer took effect.



3.4 Members were minded to grant planning permission in October 2015, subject to a

financial contribution in lieu of affordable housing provision. A financial contribution could

not be agreed and the proposal went before Members again in April 2016. The agent put

forward a proposal to discount the sale of two of the plots, but the proposal failed to

provide any affordable housing that would fall within the affordable housing definition in

Annex 2 of the National Planning Policy Framework, in an area where there is a

confirmed need for affordable housing. As a result, the proposal was refused.

3.5 13NP0031 – Outline application for seven two-storey dwellings (Live application)

3.6 This alternative application to develop this site was subject to a ‘minded to grant’

planning permission recommendation, subject a section 106 agreement and conditions,

in April 2016 and remains a live application. The application includes proposals for all of

the dwellings to have local needs restrictions and to provide 3 affordable houses.

3.7 The application had also been considered at DMC in May 2014 and September 2013. On

both occasions, Members were minded to grant the application, subject to a section 106

agreement and conditions. In both cases, the minded to grant decision also included all

of the dwellings having local needs restrictions and a requirement to provide 3 affordable

homes.

3.8 12NP0105 – Outline application for seven two-storey dwellings (Withdrawn)

4. Consultee and Public Responses

4.1 Northumbrian Water: No objection

Northumbrian Water’s response raises no objections, provided that the application carried

out in strict accordance with the submitted application form. Specific reference is made to

reference on the application form which states that surface water from the proposed

development will discharge to soakaways.

4.2 NNPA Access and Recreation Officer: No objection.

There are no Public Rights of Way in the vicinity of the development and public access is

unlikely to be affected.



4.3 NNPA Historic Environment Officer: No objection, subject to a planning condition

requiring a programme of archaeological evaluation.

4.4 NNPA Ecologist: No objection, subject to planning conditions.

NNPA’s Ecologist considers that the measures proposed by the applicant within their

ecological statement would be beneficial for biodiversity and would be adequate to mitigate

for the loss of feeding and breeding habitat for bats and birds. It is recommended that they

are included as a condition of any approval, to ensure that the measures are carried out to

compensate for this loss.

A condition is also proposed, stating to prevent site clearance or ground disturbance by

development between March and August, unless an ecological checking survey is first

carried out and birds allowed to finish nesting.

No concerns are raised regarding pollution to watercourses as discharge is proposed to

the mains sewer.

4.5 NNPA Farming Officer: No objection.

4.6 NCC Highways: No objection, subject to applying planning conditions. When the

development is completed, it will not have an adverse effect on the safety of highway

users.

Conditions are requested to require a Construction Method Statement, the surfacing and

retention of parking areas (to be kept as car parking areas at all times), and vehicular

accesses to be constructed in accordance with the plans that have been submitted.

4.7 NCC Public Protection: Objects to the proposal on the grounds of contaminated

land.

4.8 Tarset and Greystead Parish Council: No objection.

4.9 Response to Site Notices & Neighbour Notifications: Notices were placed adjacent to

the site and neighbouring properties were notified.

Two letters were received, objecting to the development proposal, summarised below:



The proposal is a repeat application and the Authority should decline to deal with it

or reject it;

The development is very large in the context of Greenhaugh;

The buildings would be elevated;

The development is suburban and out of character;

Considers the site to be open countryside and outside the Greenhaugh settlement

boundary;

Views up the Tarset Valley would be obscured;

The length of the village would be increased, changing it from a scattered hamlet

to a small conurbation;

There is ample housing provision, an oversupply, including new housing, in

Bellingham;

The character of Greenhaugh would be changed;

The development should be considered cumulatively with 12NP0097 and

15NP0101;

The proposals taken together should be regarded as a major development;

There are concerns over the drainage of excess surface water in the fields and

sewerage capacity of current systems;

Concerns that there are few jobs around the area, and that it would be difficult to

gain peoples interest in living in a village without local services and amenities;

There is no low cost housing proposed;

Tourism, and the village’s historic character would be affected by the addition of

five properties;

Concerns how sympathetic the dwellings would be;

Increased light, noise and fuel pollution;

Concerns about access/egress near the school;

Feel strongly about preserving the character of Greenhaugh.



5. Assessment

5.1 The key issues identified for consideration are as follows:

The principle of housing development in this location;

Local needs housing

Affordable housing;

Scale and layout of the development;

Building design;

Residential amenity;

Highways and rights of way;

Biodiversity and the natural environment;

Landscaping and trees;

Cultural heritage;

Landscape character and tranquillity of the National Park;

Renewable energy;

Utilities, drainage & flood risk;

Land contamination;

Principle of Development

5.2 Policy 9 of the Core Strategy clearly states that housing development will be directed to

the most sustainable settlements. Policy 5 identifies Greenhaugh as a Local Centre

which should be a focus for new development for local needs development. The plan

below shows the site boundary (edged in red). It is considered that the site is located

within Greenhaugh.



(Figure 1): Site Plan – site boundary edged in red

5.3 The site is located to the north of existing residential properties, but does not stretch as

far north as Greenhaugh County First School, which is regarded as being at the northern

edge of the village of Greenhaugh. Across the road from the application site are a

number of properties, the furthest north of these being Sunnymeade, which lies opposite

the middle dwelling of the five that are proposed in this application. To the north of

Sunnymeade there are two live planning permissions for a total of four residential

dwellings, which could be implemented under application references 12NP0097 and

15NP0101. The site also fronts onto the roadside which follows the general linear pattern

of the settlement. It is considered that the location is acceptable in principle in

accordance with Policies 5 and 9 of the Core Strategy.

5.4 An objection letter has claimed that the site is within open countryside and therefore

contrary to Core Strategy Policy 5. For the reasons set out in the previous paragraphs, it

is considered that the development is within the settlement of Greenhaugh and not in an

open countryside location, for the purposes of assessing this application. The same

objection also claims that the site is outside of the boundary of Greenhaugh because it

goes beyond a stone built National Park sign, which it claims is a ‘settlement limit’ sign.

This is not a settlement limit sign. The Core Strategy does not define any settlement

boundary for the villages defined as local centres. This judgment must be made on a

case by case basis. It is considered, again, for the reasons set out above, that the site is

within the local centre of Greenhaugh and that the proposal accords with Policy 5.

5.5 A sequential approach is set out within Policy 6 of the Core Strategy. Sites for

development should be prioritised in the order set out within Policy 6. As the proposed



site is undeveloped, but located within an established settlement, it would be ranked

second out of a possible four categories of sites set out in Policy 6, with the highest

ranking category being previously developed land within Greenhaugh. There are no

known previously developed sites available for housing development of this scale within

the settlement of Greenhaugh. Therefore, the proposed site is within the category of

most suitable land available for the development (‘other’ suitable sites within identified

settlements). Development of the site is therefore acceptable in principle for housing

development when assessed against Policy 6 of the Core Strategy.

5.6 The NPPF sets out the importance of housing development in existing settlements to

contribute towards their sustainability, particularly through the contribution to the

sustainability of local facilities and service provision. To promote sustainable

development in rural areas, the NPPF advises that housing should be located where it

will enhance or maintain the vitality of rural communities, for example by supporting and

contributing towards the sustainability of local services. In line with the NPPF, Core

Strategy Policy 10 requires housing development to be located within settlements that

have adequate services. It is considered that Greenhaugh contains adequate services.

Additional housing within Greenhaugh would also contribute to the viability of existing

local services in Greenhaugh and settlements nearby. New dwellings within Greenhaugh

are likely to help Greenhaugh become more sustainable and support local facilities such

as the pub and school.

5.7 It is considered that the proposal will not harm any demonstrably important community

facilities. As set out in the previous paragraph, the development is likely to have a

positive effect in terms of safeguarding important community facilities such as the school

and public house in Greenhaugh and the nearby village hall in Lanehead. A small

increase in the numbers of residents in the village is likely to make these facilities more

viable and sustainable. The development therefore accords with Core Strategy Policies 5

and 8 in this respect.

5.8 An objection letter has claimed that this proposal should be assessed as major

development within the National Park. National planning definitions state that major

development constitutes 10 dwellings or more and this threshold is not reached by this

development. Core Strategy Policy 4 regards major development proposals to be those

are likely to have a significant impact on the special qualities of the National Park. This

application is not considered to significantly affect these special qualities, including when

considered cumulatively alongside the potential for implementation of 12NP0097 and

15NP0101, for a total of 4 dwellings opposite the site. Policy 4 does not apply and the

proposal is not regarded as major development.



5.9 An objection letter has argued that the Authority should refuse or decline to consider the

planning application, as it is a repeat application and quotes from Planning Practice

Guidance. However, paragraph 56 of Planning Practice Guidance is clear that Local

Planning Authorities only have the discretion to decline to deal with an application where

more than one similar applications have been refused, which is not the case in this

instance. Paragraph 58 is also clear that LPAs are not automatically obliged to decline to

determine an application. Only one application on this site, which is indeed similar, has

been refused, which was 15NP0034. The outline application for seven dwellings

(13NP0031) is a different proposal to develop the site, and is still a live application.

5.10 Paragraph 56 of Planning Practice Guidance is clear that Local Planning Authorities can

only decline to determine applications where there has been no significant material

change in circumstances. In this case, there has been a material change in

circumstances since the determination of the similar application for five dwellings, due to

the Ministerial Statement from November 2014 taking legal effect and Planning Practice

Guidance on planning obligations being updated, both in May 2016, following the

outcome of a Court of Appeal case (this is discussed in more detail on the section on

affordable housing section). The Local Planning Authority could not therefore legitimately

decline to determine the application.

5.11 An Environmental Impact Assessment Screening Opinion has also been carried out,

which identifies that this proposal is not EIA development, as there are unlikely to be

significant impacts on the environment.

Local Needs Housing

5.12 Policy 10 of the Core Strategy requires all new residential dwellings within the National

Park to be restricted to people meeting the National Park Authority’s local need criteria.

This definition forms part of the supporting text to Policy 10.

5.13 The occupation of the properties are required to be restricted through a planning

obligation (in the form of a legal agreement under section 106 of the Town and Country

Planning Act) in order to prevent subsequent sale or letting to those without a local need

and to prevent them from being used as second or holiday homes. The Community

Infrastructure Levy Regulations 2010 state that a planning obligation may only constitute

a reason for granting planning permission for the development if the obligation is:

i. Necessary to make the development acceptable in planning terms;



ii. Is directly related to the proposed development; and

iii. Is fairly and reasonably related in scale and kind to the proposed

development.

Having regard to the above tests, the requirement for a Section 106 obligation is

reasonable, will meet these tests and is required to secure local need housing provision.

5.14 The National Park Authority, in pursuance of its statutory purposes has a duty to foster

the social and economic wellbeing of local communities. The requirement to restrict new

housing stock for those meeting the local need criteria is an important and positive way

of achieving this. Subject to a legal agreement being agreed, signed and executed to

restrict the properties for those meeting a local need in perpetuity, it is considered that

the proposal would accord with Policy 10 in this respect.

5.15 Policy 10 defines Local Need in relation to new housing, which applies to a person (or

persons) who (immediately prior to taking occupation of any of the dwellings falls within

one or more of the following categories:

i) is an existing resident(s) of Northumberland National Park establishing a separate

household; or

ii) does not live in Northumberland National Park but has a current and long standing

link to the local community (as determined by the Authority) including a previous

period of residence; or

iii) is, or is in the process of taking up full time permanent employment in an already

established business within Northumberland National Park (or in another part of a

parish split by the Northumberland National Park boundary); or

iv) currently lives permanently in a dwelling which is either shared but not self contained

or overcrowded or is otherwise unsatisfactory by environmental health standards and

which is within Northumberland National Park (or in another part of a parish split by

the Northumberland National Park boundary); or

v) has had to or has to leave tied accommodation within Northumberland National Park

(or in another part of a parish split by the Northumberland National Park boundary); or

vi) does not currently live in Northumberland National Park but proposes to locate a

viable business (as determined by the Authority) within Northumberland National Park

which will; clearly conserve or enhance the special qualities of the Northumberland

National Park or allow opportunities for the public to understand and enjoy the special

qualities and in either circumstance, the applicant must demonstrate a need to live

within Northumberland National Park.



For the avoidance of doubt i), ii), iv) and v) only apply to people who have resided

permanently in Northumberland National Park for 3 years or more.

5.16 The applicant has proposed changes to the section 106 agreement, to add reference to

the parish of Bellingham in categories (i) and (vi) of the local need housing criteria. These

amendments were agreed by Members in October 2015 and April 2016 in the

consideration of applications 15NP0034 and 13NP0031. The way that the supporting text

to Policy 10 is worded allows for people or households meeting categories (iii), (iv) and

(v) of the definition criteria, i.e. people or households who are either:

People taking up full time permanent employment;

Households living in a dwelling shared, overcrowded, or unsatisfactory by

environmental health standards;

People having to leave tied accommodation;

to be based either within the National Park, or within a parish split by its boundary, which

would include the Parish of Bellingham.

5.17 Categories (i) and (vi) allow people meeting the following criteria:

Existing residents of the National Park establishing a separate household;

People who do not live in the National Park, but wish to locate a viable

business within the National Park

to meet the Local Need definition. However, unlike categories (iii), (iv) and (v), they do

not allow existing residents of parishes split by the National Park boundary, or people

from outside the Park wishing to locate a viable business in a parish split by the National

Park boundary to meet the local need criteria. The applicant has proposed to insert a

reference to the parish of Bellingham within categories (i) and (vi) of the local housing

need criteria to be included within the section 106 legal agreement. This would allow

existing residents of the nearby parish of Bellingham that wish to establish a separate

household, or people from outside the Park who wish to establish a viable business in

the parish of Bellingham to meet the local need criteria in this particular case.

5.18 It is considered that, given the specific circumstances of this case, that it would be

acceptable to allow the inclusion of a reference to Bellingham parish within categories (i)

and (vi) of the local needs criteria set out in the section 106 agreement. It is further

considered that doing so would not prejudice the aims of Core Strategy Policy 10, to

enable the National Park Authority to fulfil its statutory duty to foster the social and



economic well being of local communities whilst pursuing its statutory purposes of

conserving and enhancing the National Park’s special qualities and promoting

opportunities for the understanding and enjoyment of these special qualities whilst

ensuring that local housing units remain available to local people at a lower price.

5.19 The NPPF (paragraph 28) also promotes the retention and development of local services

and community facilities in villages. There are clear links that show that the parish of

Bellingham helps to support important services in Greenhaugh that are valuable both to

Greenhaugh, its wider parish area and the National Park, most notably the school in

Greenhaugh. It is understood that a large proportion of pupils at the school are from the

neighbouring Bellingham Parish, which helps to maintain the viability of the school in

Greenhaugh, showing a clear link between the two areas. Paragraph 55 of the NPPF

also promotes the provision of suitable housing in sustainable locations in order to

enhance and maintain the vitality of rural communities.

5.20 Officers accept that the inclusion of Bellingham Parish in categories (i) and (vi) of the

Local Needs criteria to be set out within the section 106 agreement would, in the specific

circumstances of this case, still achieve sustainable development, without prejudicing the

aims of Core Strategy Policy 10.

5.21 The agent has confirmed a willingness to enter into a section 106 legal agreement to

cover the local needs restrictions; however this has not yet been completed.

Affordable Housing

5.22 In addition to the local needs restrictions required by Core Strategy Policy 10, Policy 11

requires housing sites of two or more dwellings to provide at least 50% of the units as

affordable housing. However, as Planning Practice Guidance (PPG) on planning

obligations was amended on 19th May 2016, only limited weight can now be given to this

policy when considering applications for small sites of 5 dwellings or less in

Northumberland National Park.

5.23 Planning Practice Guidance and the Written Ministerial Statement HCWS50, which was

reinstated on 13th May 2016, states that affordable housing contributions should not be

sought from small scale housing developments. Small scale developments are defined in

this policy as developments of 10 units or less, or 5 units or less in designated rural

areas where Authorities have chosen apply the lower threshold of 5 units. In March 2015,

the National Park Authority chose to adopt the lower threshold of 5 units.



5.24 The policy and guidance in the Ministerial Statement and PPG must now be given

substantially more weight than Core Strategy Policy 11 in determining this proposal.

Therefore, it is considered that the proposal should not be subject to any requirement for

affordable housing to be provided.

5.25 The amended PPG does still allow for planning obligations to be required for local needs

restrictions and local needs restrictions should still be required through a section 106

legal agreement.

Scale and layout of development

5.26 The overall scale of the development is considered to fit well within the proposed location

and within the context of the village of Greenhaugh, occupying a site to the north of

existing residential properties. The three properties furthest south would sit across the

road from existing development, with the two furthest north located opposite from a site

that has consent for the erection of four dwellings at Greenhaugh Farm.

(Photo A): Existing view with the site of the five proposed dwellings to the right, when looking north (Site visit photo)

5.27 Photo A, above, shows the current condition of the site, looking north. The section plan in

Figure 2 below shows a sectional view from a similar location, which demonstrates how

the proposed development would look in the context of the existing settlement, when

looking north.



(Figure 2): Section Plan showing the five proposed dwellings, to the right, when looking north (from application

document)

5.28 The five proposed detached properties are larger in size than the majority of the

properties within Greenhaugh. While the houses are large relatively when viewed in the

context of the existing development immediately across the road, Greenhaugh as a

whole is characterised by a mix of terraced, semi detached and detached properties of

varying sizes. The built form in Greenhaugh village is brought together in a harmonious

manner through the use of a similar traditional Northumbrian stone and slate construction

and vernacular throughout. It is this that is the defining character of buildings within

Greenhaugh and the development would maintain this.

5.29 The proposal for five larger detached properties is considered to fit well within the overall

character of the village. The fact that the houses are set back from the road and angled,

so as not to directly front onto the road, or directly face the properties opposite is also a

positive design approach which reduces the potential for them to be seen as dominant

within the setting of the village. The orientation of the houses also means that they are

angled to face in a similar direction to the majority of the existing properties within the

village, particularly those further south on both sides of the road. The continuation of this

relates well to the surrounding character and also respects the shape and overall linear

character of Greenhaugh.

5.30 The way the properties are angled and set back from the road also allows the proposed

houses to fit well within the established character and linear pattern of the character of

the village of Greenhaugh. As the block plan in Figure 3 (below) indicates, the location of

the proposed dwellings means that they fit well with the existing line of development on

the eastern side of the road through Greenhaugh. The two most southern properties are

set slightly further forward and closer together in a similar manner to the properties to the

south of them, with the remaining properties set further apart and slightly further back,

but still respecting the line that the development follows on this side of the road. Each of

the existing detached houses, semis or terraced properties to the south are aligned at a



very similar angle to the proposed detached dwellings to the north of them, allowing the

development to respect the existing linear character of the development.

(Figure 3): Extract from block plan showing the location of the five proposed dwellings,

to the north east of this plan & three approved dwellings (from 12NP0097) to

the north west (from application document)

5.31 As the development moves further north, each of the three northernmost dwellings are

angled slightly less away from the road as you move further north, so that by the most

northern dwelling the angle is very slight and it almost faces straight onto the road. This

gradual approach of angling the dwellings at a slightly different angle as the scheme

moves further north is considered to be a suitable solution to allow the proposal to

assimilate well into the village and follow the linear character of the village, whilst having

regard to the shape and form of existing properties to the south. It is considered that

following the shape of the built form in this manner is more important and has a greater

positive benefit to protecting and enhancing the linear character of the settlement than

ensuring that properties are strictly facing straight on towards the road.

5.32 It is acknowledged that the Neighbourhood Development Plan Submission Draft Policy

TG6 (Spatial Development in Greenhaugh) is relevant, although it does not carry full

weight in decision making, as the Plan has not been adopted to date. Policy TG6 states

that development should fit with the character and streetscape in Greenhaugh and move

from the centre of Greenhaugh outwards. Both of these are considered to be achieved by

this proposal. Policy TG6 is also specific in terms of the development to be built on the

east and west of the road. Whilst development on the west of the road is encouraged to



be tight against the road to continue the character on that side, Policy TG6 states that

development on the east of the road should be set back from the road to match the

current building line. It is considered that the proposal has been set back from the road in

a manner that successfully allows the proposed matches to follow the current building

line on the east side of the road.

5.33 The back of the site is in line with Horsley Cottage, which also ensures that the line of

built development does not extend further back into the fields than existing development

does.

5.34 The development has also been designed in such a manner as to follow the slope and

the natural land levels as they naturally fall to the south. This is demonstrated in Figure 4

below, which sets out the sectional view from the road edge.

(Figure 4): Section Plan showing the five proposed dwellings, when looking east (from application document)

5.35 Due to the scale of the development, with a detailed layout provided for only five

dwellings, within an established settlement, a requirement for a sequential or phasing

scheme of implementation is not considered to be a reasonable requirement.

5.36 Overall, it is considered that the development would be in keeping with the existing

character of Greenhaugh in terms of its scale and layout and would accord with Core

Strategy policies 1 and 3.

Building Design

5.37 The NPPF states that “good design is a key aspect of sustainable development and is

indivisible from good planning” and that “planning decisions should aim to ensure that

developments will function well and add to the overall quality of the area, not just for the

short term but over the lifetime of the development.” Paragraph 60 of the NPPF also

states that development should also respond to local character and distinctiveness, but

“should not attempt to impose architectural styles or particular tastes and they should not

stifle innovation.”



5.38 Supporting text to Core Strategy policy 3 states that “support will be given to proposals of

a more contemporary design where they promote and re-enforce local distinctiveness

and historic character”. Policy 3 also supports development that conserve the Park’s

special qualities and demonstrates high quality sustainable design and construction,

through design that:

Protects and enhances local character

Uses materials appropriate to the site and its setting

Is sympathetic in terms of scale, height, massing, siting, form, materials and colour

5.39 The National Park’s Building Design Guide supports this policy in greater detail and is

also a material consideration, although this is guidance rather than prescriptive planning

policy.

5.40 It is considered that the stone and slate design is appropriate in this location within

Greenhaugh. The dwellings are larger than many in Greenhaugh, but still fit in well with

the surrounding built form. The proportions of the window and door openings are

attractive and well spaced and are well designed to fit in with the overall character of the

built form within the village.

5.41 While timber window frames and doors would be preferable, UPVC windows are

proposed. Doors are proposed as either UPVC or timber. This is considered to be

acceptable on balance, particularly as the proportions of the window frames and doors

have been well designed and, while the village has a traditional and historic character,

there are many examples of both UPVC and timber windows throughout the village.

5.42 The proposal will also ensure that ample garden and amenity space is provided, as well

as outdoor parking spaces associated with each property. Details of the locations of

boundary treatments and recycling enclosures are proposed, however the finer details of

these would need to be controlled through a condition. It is considered that the design of

the development generally accords with Core Strategy policies 1 and 3 and the NPPF.

Residential Amenity

5.43 It is considered that the proposed development will adequately safeguard existing levels

of amenity within Greenhaugh.

5.44 The development has been designed in such a manner to ensure that the dwellings have

a substantial set back from the road and therefore from properties on the other side of

the road. The three dwellings furthest north are set back a substantial distance from the



road, between 11 and 19 metres from the front boundary of the site, whilst the two

slightly smaller dwellings are set slightly closer to the road in a more similar fashion to

the existing residential properties nearby to the south of the site.

5.45 It is considered that a sufficient separation distance from neighbouring properties is

maintained to prevent any potential overlooking of adjacent properties. The separation

distance between the properties is generally around 25 metres. The properties generally

face towards those on the other side of the road, but most are angled slightly, which

would slightly reduce the potential for overlooking further. At the closest point from the

corner of the one of the proposed dwellings, there is a gap of around 19.5 metres. While

there is no specific figure for separation distances set out in Core Strategy Policy 3 or the

Building Design Guide, which deal with amenity and building design, it is generally

accepted practice that a reasonable separation distance is 21 metres where windows to

habitable rooms directly face one another, and 12 metres where windows to habitable

rooms do not face others. The development would accord with these guidelines.

5.46 The substantial setback from the road, in combination with the chosen design of the

properties also ensures that there would not be any unacceptable dominance or

overbearing impact created by the proposed development. The existing site levels plan

provided indicates that the ground level upon which the properties on the application site

would be constructed would be in the region of 1.5 metres higher than the ground level

on the west side of the road where existing residential properties lie. While the proposed

dwellings would be at a slightly higher level, the siting and resulting gap ensures that the

development would not have an overbearing or dominant impact on neighbouring

properties.

5.47 The amenity of local residents during the construction phase of the development has also

been considered. It is for this reason that a condition is requested, limiting the hours of

construction to protect amenity, whilst allowing reasonable hours to ensure construction

can operate on the site in an efficient manner. The highway authority has also requested

a Construction Management Plan to help limit impacts on local amenity resulting from

highways issues.

5.48 The provisions of the Human Rights Act 1998 have been considered in assessing this

development proposal. Schedule 1 Part 1 Article 8(1) of this Act protects the rights of

everyone for respect for their private and family lives, their home and correspondence. It

is not considered that there would be any unacceptable effects on neighbouring

residential amenity that would contravene these rights.



Highways and Rights of Way

5.49 The Highway Authority at Northumberland County Council have assessed the proposal

and are of the opinion that there would not be an adverse effect on highway users once

the development is completed. The proposed manoeuvring and parking arrangements

are considered satisfactory, and the response states that the new vehicular accesses will

need to be constructed in accordance with the submitted plans, suggesting adopting their

Standard Type ‘A’ Access for the vehicular accesses.

5.50 It is noted that the proposed scheme does not include garages, unlike the recent

application, 15NP0034. The garages which were part of that proposal have been

replaced by designated outdoor parking areas. A condition is also recommended to

ensure that the allocated parking areas are kept available for manoeuvring and parking

only, in the interests of highway safety. Subject to the inclusion of appropriately worded

conditions, it is considered that the development will not unacceptably prejudice highway

safety and accords with Core Strategy Policy 3.

5.51 Additionally, there would be no Public Rights of Way affected by the development,

meaning that the proposal accords with Core Strategy policies 3 and 12 in this respect.

Biodiversity and the Natural Environment

5.52 The application has been accompanied by an ecological statement, which assesses the

biodiversity value of the proposed development site and proposes recommendations. A

detailed consultation response has also been provided by the National Park’s Ecologist,

with assessing the field’s biodiversity value and providing recommendations, based upon

the ecological statement submitted and a site visit. The Ecologist’s recommendations are

consistent with those made on application 15NP0034.

5.53 The proposed development site does not fall within or adjacent to any designated

ecological sites of international, national or local importance and this does therefore not

represent a constraint in determining this planning application. The provisions of The

Conservation of Habitats and Species Regulations 2010 have been considered and it is

considered that a Habitats Directive Assessment is not necessary in this instance, as

there would be no significant impact on any ecological site designated as being of

European importance.

5.54 The biodiversity of the National Park is clearly defined as one of its special qualities in

both the Northumberland National Park Management Plan and Core Strategy

http://www.legislation.gov.uk/uksi/2010/490/note/made

http://www.legislation.gov.uk/uksi/2010/490/note/made



documents. In this case, it is accepted that the field is not particularly species rich and

the ecological value of the field is therefore considered to be relatively low, when

considered in the context of the surrounding fields. However, the field does provide some

feeding habitat for bats, swallows, house martins and possibly some breeding habitat for

ground nesting birds, which would be lost permanently as a result of this development

proposal. The ecological survey submitted with the application also notes that a number

of other species of birds are present in fields close to the application site.

5.55 Three key mitigation measures are proposed by the applicant in order to compensate for

the loss of these habitats. The first two of these are as follows:

Create a native hedge along the northern and eastern boundary of the site. The

species composition would be similar to that found in the existing roadside hedge.

Ensure a number of suitable features are built into the new houses that will

support roosting bats (e.g. bat bricks) and breeding house martins.

The National Park’s ecologist has considered these proposed mitigation measures to be

beneficial for biodiversity and could be considered to compensate for the permanent loss

of grassland and the feeding and breeding habitat that will occur as a result of the

development.

5.56 NPPF paragraph 118 states that when determining planning applications, LPAs should

aim to conserve and enhance biodiversity by encouraging opportunities to incorporate

biodiversity in and around developments. Core Strategy Policy 17 also encourages

proposals for beneficial biodiversity features within the design of development. It is

considered that both of these proposals would meet with the aims of these policies,

ensuring that biodiversity in and around the site is conserved. The National Park’s

ecologist has recommended that a condition is added to ensure that these mitigation

measures are provided.

5.57 It is considered that a condition should be included requiring features to support roosting

bats to be agreed and implemented. Bat bricks are one example of a suitable measure

that could theoretically be incorporated, however, it is considered that the condition

should not be overly prescriptive, as measures would have to have to be designed

having regard to the overall design of each of the dwellings.

5.58 A proposed hedgerow to the north and eastern boundaries would adequately

compensate for the areas of hedgerow to be lost to accommodate access roads to the



development and would be a positive addition to the local area, providing that this was to

be appropriate locally native species.

5.59 The Park’s Ecologist has considered the third proposal to map territories of ground

nesting birds, especially breeding waders within 1km of the proposed site. It is not

considered that doing this would be necessary for the development to accord with

relevant planning policies, nor would it add any value to the development or the

biodiversity or character of the local area.

5.60 It is also noted that the National Park’s Ecologist has raised no concerns regarding any

potential pollution of any watercourses.

5.61 Subject to the compensatory measures being secured through planning conditions and

the inclusion of a condition protecting birds during the breeding season, it is considered

that development would accord with relevant planning policies, including Core Strategy

Policy 17 and paragraph 118 of the NPPF.

5.62 It is noted that the proposed conditions on one of the previous applications on this site

(13NP0031) required compensation to be provided for the loss of hay meadow habitat,

by improving hay meadows elsewhere in the applicant’s land, as identified as

compensation in the ecological statement accompanying that proposal. This is not being

requested in this case. An updated ecology report has been provided since the one

which accompanied that application, which no longer considers the enhancement of hay

meadows elsewhere within the applicant’s land to be a necessary compensation

measure. Following the NNPA ecologist’s consideration of the updated information and

the current condition of the site, it is not considered that a condition relating to the

improvement of a hay meadow would be necessary in this instance.

5.63 The National Park’s Farming Officer has also responded to consultation on the

application by stating that there are no concerns with the proposal from an agricultural

perspective. The loss of a relatively small amount of agricultural land when considered in

the context of the land at Burnbank Farm as a whole is not considered to conflict with

Core Strategy Policy 21.

Landscaping & Trees

5.64 It is considered that the development would not have an unacceptable impact on trees.

The majority of the existing hedgerow facing the road would be maintained and additional

hedgerows to the north and east are proposed as part of the scheme of ecological



compensation measures put forward. Detailed landscaping proposals for the site have

not yet been submitted, but are requested through a planning condition.

5.65 A Construction Management Plan will be required as part of the Highway Authority’s

requested conditions, which would need to identify areas for storage and vehicles during

the construction phase. This would also have the benefit enable these areas to be

located away from trees.

Impact on Cultural Heritage

5.66 The National Park’s Historic Environment Officer’s consultation response has considered

the likely effects of the application on the cultural heritage and historic environment of the

National Park. Any potential for heritage impacts would be related to the potential for

harm to undesignated archaeological assets, as no Listed Buildings or other designated

assets are located within the vicinity of the site that could be affected.

5.67 The area is identified as having a reasonable potential to contain unknown archaeology

that could be affected by the development. Housing development on the site, with

digging of foundations for dwellings and the creation of access roads has the potential to

affect archaeology, if present on the site. The application being assessed here has not

provided information to appraise the potential impacts on archaeology at this stage.

NPPF paragraph 135 states that the significance of non-designated heritage assets

should be taken into account in assessing a planning application. Without an assessment

of the potential for non-designated archaeological assets, it is not possible to properly

appraise this at this stage.

5.68 A likelihood of potential archaeological impacts has been identified on a neighbouring

site, and a potential for surviving archaeology has been identified on this site. To

adequately address the potential risk to archaeology, a condition has been requested by

the Historic Environment Officer, requiring a programme of archaeological work to be

submitted and approved prior to the commencement of development. This could take the

form of a geophysical survey, or desk based assessment. Additional evaluation through

trial trenching of part of the site would only need to be carried out if this was deemed to

be necessary following the outcome of the initial assessment.

5.69 The condition requested by the Historic Environment Officer is considered to be

reasonable and meet the tests for planning conditions set out in National Planning

Practice Guidance. The condition is necessary in order to ensure that the development

protects potential archaeology on the site and the cultural heritage of the National Park



and to ensure that the development proposal accords with Policy 18 of the Core Strategy

and Chapter 12 of the National Planning Policy Framework.

Impact on Landscape Character & Tranquility

Landscape Character

5.70 The site lies within the improved agricultural field system of Tarset Valley, with rising

open moorland to the east of the site. The village of Greenhaugh itself has an existing

character where existing development follows a fairly linear or ‘ribbon’ pattern. This

existing pattern would be extended immediately north of existing development towards

the direction of Greenhaugh School. The linear nature of the development will sit

comfortably within the landscape and the traditional vernacular of Greenhaugh village.

The existing hedgerow (which will be maintained with the exception of where the

proposed access points will be located) and proposed new hedgerow are considered to

further soften any wider effects of the development.

(Photo B) Above: View looking east over the Tarset Valley from U5043 minor county road

(Photo C) Above: Annotated & zoomed view from the same direction



5.71 The development can be successfully accommodated whilst protecting the linear or

ribbon pattern of development in Greenhaugh and ensuring that the wider landscape

character is not unacceptably affected.

5.72 Whilst there is a mix of detached, terraced and semi-detached properties within the

village at present, it is considered that the development of detached properties in the

proposed location, using materials of a similar character is still in keeping with the wider

landscape character of the Park.

5.73 One objection raises a concern that views from the road looking east between

Sunnymeade and the school would be lost and would not conserve the National Park’s

special qualities. The photo below shows this view. It is noted that the site is an attractive

green field, the view is a rather limited view of rising land. Loss of this would not be

considered to significantly harm the special qualities of the National Park.

(Photo D) View looking east at and beyond the application site (Site visit photo)

5.74 The development is considered to conserve the existing landscape character of this part

of the National Park. Policy 20 of the Core Strategy states that the natural beauty and

heritage of the National Park will be conserved, whilst being responsive to landscape

change. The degree of change to the wider landscape character is minimal and the

development therefore accords with CS Policy 20 and Chapter 11 of the NPPF.

Tranquillity

5.75 It is considered that the development would not adversely impact upon the tranquillity of

the National Park, as it would fit in well with the landscape character of the Park and



would not lead to unacceptable impacts upon tranquillity through noise or lighting. As a

scheme for external lighting has not been submitted for consideration, it is recommended

that a condition is included to ensure that a lighting scheme is provided for all external

lighting. The condition would need to include a requirement that any external lighting

installed on the site is in accordance with the details submitted and agreed as part of this

scheme, to ensure that the tranquillity and dark skies of the National Park are conserved,

in accordance with Core Strategy Policy 19 and the NPPF.

Renewable Energy

5.76 An overview of renewable energy measures designed to meet the renewable energy

requirements of Core Strategy Policy 25 and the NPPF is set out in the Sustainability

Design and Access Statement submitted with the application. The possible measures put

forward to achieve this include solar water heating, wood burning stoves and solar PV

panels, with an emphasis also placed on achieving high levels of insulation and energy

efficiency in line with Core Strategy policies 2 and 25. As detailed measures and the

offset of the energy requirements they would provide have not yet been provided, it is

considered that a condition is included with any approval to ensure that sufficient

renewable energy measures are provided to meet with Core Strategy and NPPF policies.

Utilities, Drainage & Flood Risk

5.77 The development is located in a village where there is an existing mains electricity

supply. It is also understood that enhanced broadband connectivity is currently proposed

in the area. There are no concerns regarding these issues.

5.78 The houses on this development would be connected to the existing mains sewer system

in Greenhaugh. Northumbrian Water has not raised any concerns regarding the

proposed connection to the existing mains sewerage system.

5.79 The site is located within Flood Zone 1, the area of the lowest flood risk. The risk of river

or sea flooding is an annual probability of less than 1 in 1000 annual probability on the

site or its surroundings (less than 0.1%). The Environment Agency’s surface water

flooding maps indicate that the site and surrounding area have a very low probability of

flooding caused by surface water, again less than 1 in 1000 annually. Due to this very

low flood risk and the fact that this is not a major development, the Environment Agency

and Lead Local Flood Authority are not statutory consultees on this application.



5.80 Soakaways are proposed to deal with any surface water run-off that would occur, with

zones of soft landscaping to capture any excess water runoff from proposed permeable

hard surfaces. It is considered that this system, along with the proposed inclusion of

permeable hard surfaces would adequately manage surface water within the site. Only

draft soakaway and soft landscaping locations are proposed at this stage, so conditions

are required for finalised details of these to be provided.

5.81 As there is an extremely low risk of the development site flooding, or the development

materially increasing flood risk elsewhere, it is considered that the proposal accords with

Core Strategy Policy 27 and the NPPF.

Land Contamination

5.82 An objection has been received from NCC Public Protection on the grounds of

contaminated land. The objection has been raised as the proposed development site is

located in an area where historical use may have given rise to contaminated land and as

the proposal is to develop residential properties, which are high risk end users, without

the submission of supporting information regarding contamination that may be present on

the site.

5.83 Regard was also given to this issue when the Local Planning Authority was considering

application 15NP0034. This was for an identical proposal, with the exception of the

removal of the garages on this application. NCC’s Public Protection team raised no

objection in principle to 15NP0034, instead stating that a condition was essential in order

to avoid the potential of contamination from presenting an unacceptable risk to the public.

This indicates that it is possible to deal with this matter through the imposition of

appropriately worded planning conditions, rather than refusing the proposal on these

grounds.

5.84 It is understood that there has been no material change in circumstances relating to this

issue since the determination of 15NP0034, as the Public Protection Team’s response

does not provide any indication that the risk of land on the site being contamination has

increased since that application was considered. The approach of dealing with this issue

through planning conditions is still considered to be appropriate, would be consistent with

the advice provided on 15NP0034 and would still ensure that potential contamination

risks were addressed. It is considered that it would be unreasonable to refuse the

application on these grounds, when the issue could be adequately addressed through

the inclusion of suitably worded conditions with any approval.



5.85 In 2015, on application 15NP0034, the Environmental Health officer’s assessment of the

contamination risk was ‘low’, although the Senior Environmental Health advisor

confirmed that this still meant that a planning condition for an assessment is essential. A

medium or high risk would mean that the issue had to be dealt with prior to

determination, with a ‘low’ risk allowing this to be dealt with through a planning condition.

5.86 It is understood that the source of the identified potential contamination is linked to the

former presence of a Smithy that affects part of the application site. From the records

held by NCC Public Protection, a Smithy was identified which shows a run of buildings on

what appears both sides of the road, including part of the development site. This is a

material consideration under paragraph 121 of the NPPF and the contaminated land risk

posed to the end users of the site must be assessed as per the recommended

conditions. A further condition is also requested to deal with any other unexpected

contamination found.

6. Summary

6.1 The development is considered to be acceptable in principle, as the development meets

the needs of the requirements of Policy 5 by being located within an existing local centre.

The development also accords with Policy 9 and the NPPF which seek to direct housing

developments towards the most sustainable settlements within the Park. Subject to a

signed Section 106 obligation, the proposed housing would be retained in perpetuity for

those with a local housing need in accordance with Core Strategy Policy 10.

6.2 Whilst Core Strategy Policy 11 requires the provision of affordable housing, the

Government’s Planning Practice Guidance, following amendments on 19th May 2016, is

very clear that Authorities should not require affordable housing contributions on small

sites of five dwellings or less in the National Park. A Court of Appeal ruling, dated 13th

May 2016, means that the Ministerial Statement in November 2014, which also confirms

that affordable housing contributions should not be sought on schemes of this size, now

takes effect. Taking all material considerations into account, the proposal would be

considered acceptable despite there being no affordable housing provision.

6.3 Subject to suitable conditions that are detailed below and discussed in the report, the

development is considered to be acceptable and in accordance with relevant planning

policies in respect of all other material planning considerations.



7. Recommendation

7.1 It is recommended that Members be minded to grant conditional permission subject to

the following conditions and subject to the applicant entering into a legal agreement to

secure local needs housing for all five houses.

Conditions

1. The development hereby permitted shall be begun before the expiration of three years

from the date of this permission.

Reason: To ensure that the development is commenced within a reasonable period of

time from the date of this permission and to comply with Section 91 (as amended) of the

Town and Country Planning Act 1990 and Section 51 of the Planning and Compulsory

Purchase Act 2004.

2. The development hereby permitted shall be maintained in accordance with the following

approved plans and documents:

Application form received on 25/05/16

Sustainability, design and access statement received on 25/05/16

Ecological report for Burnbank, Greenhaugh (revised 2015) by George Dodds

received on 25/05/16

BB/08/LP/01 Location plan received on 25/05/16

BB/08/PSP/03 Proposed block plan received on 25/05/16

BB/08/PSW/04 Proposed surface water plan received on 25/05/16

BB/08/PSP/06 Proposed site plan received on 25/05/16

BB/08/PSS1/07 Short sections received on 25/05/16

BB/08/PSS2/08 Short sections received on 25/05/16

BB/08/PLS/09 Long sections received on 25/05/16

BB/08/PCS/10 Combined sections received on 25/05/16

BB/08/PPE/11 House type 2, Plot 1 received on 25/05/16

BB/08/PPE2/12 House type 2, Plot 2 received on 25/05/16




Reason: For the avoidance of doubt, to enable Northumberland National Park Authority

to adequately control the development and to conform with Policies 1, 3, 5, 6, 9, 10, 12,



17, 18, 19, 20, 22, 25 and 27 of the Northumberland National Park Authority Core

Strategy & Development Policies Document and the National Planning Policy Framework

3. Prior to the commencement of development, details of the design and materials of the

proposed boundary treatments and recycling and refuse stores shall be submitted to and

approved in writing by the Local Planning Authority. Unless otherwise agreed in writing

with the Local Planning Authority, the boundary treatments shall be installed in

accordance with the locations set out in drawing BB/08/PSP/06 received on 26th May

2016 and shall be implemented in full prior to the first occupation of that dwelling. The

development shall be carried out in full accordance with the approved details.

Reason: To ensure that the boundary treatments and stores used are appropriate in the

context of the design of the development and its surrounding area and for the

development to accord with NNPA Core Strategy policies 1 and 3, the NNPA Building

Design Guide SPD and Chapter 6 of the NPPF.

4. Prior to the construction of the first dwelling, a hard landscaping scheme to include

details of all hard landscaping and hard surfacing on the site shall be submitted to, and

approved in writing by, the Local Planning Authority. The scheme shall include specific

details of proposed materials and locations for hard landscaping and in all external areas

of the site. The hard landscaping shall be carried out in accordance with the approved

details.

Reason: In the interests of protecting the visual character of the area, in accordance with

policies, 1, 3 and 20 of the Core Strategy and the NPPF.

5. Prior to the construction of the first dwelling, a soft landscaping scheme to include details,

including exact locations, species and specifications of all trees, shrubs and other soft

landscaping on the site shall be submitted to, and approved in writing by, the Local

Planning Authority. The soft landscaping shall be carried out in accordance with the

approved details.

Reason: In the interests of protecting the visual character of the area in accordance with

Core Strategy Policies 1, 3 and 20 and the NPPF.

6. Prior to the construction of the first dwelling, a scheme to provide native hedge along the

northern and eastern boundaries of the site shall be submitted to the LPA in writing, with

locally native species composition to be detailed as part of this scheme. The hedge shall



be provided on site in accordance with the approved scheme, prior to the first occupation

of any of the approved dwellings on site.

Reason: To ensure that the loss of part of an existing hedge is adequately compensated

for, in line with the recommendations of the submitted ecological survey, and in order to

conserve the biodiversity of the National Park in accordance with Core Strategy Policy 17

and Chapter 11 of the NPPF.

7. Prior to the commencement of each dwelling (or agreed group of dwellings), a detailed

and accurate specification of measures to support roosting bats and/or breeding house

martins within the site for each dwelling (or agreed group of dwellings) shall be submitted

to and approved in writing by the Local Planning Authority. The development shall be

implemented in accordance with the approved details.

Reason: In order to provide an adequate level of compensation for the loss of feeding

habitats for birds and bats, in line with the recommendations of the submitted ecological

survey, to ensure that the biodiversity of the National Park is conserved in accordance

with Core Strategy Policy 17 and Chapter 11 of the NPPF.

8. Any site clearance or ground disturbance should not be undertaken in the bird breeding

season (March-August), unless a checking survey has first been undertaken by a

suitably qualified ecologist and any birds that are found to be nesting being allowed to

finish nesting before such work commences.

Reason: To ensure that ground nesting birds on the site are protected and for the

development to accord with NNPA Core Strategy Policy 17 and Chapter 11 of the NPPF.

9. No development shall take place until a programme of archaeological evaluation has

been carried out by a suitably qualified archaeological professional and submitted to and

approved in writing by the local planning authority. If the results of this evaluation deem it

to be necessary, then an archaeological trial trenching comprising of 5% of the area of

the site to be developed should also be carried out, with the results of this submitted to

and approved in writing by the Local Planning Authority.

Reason: In order to ensure that there is no unacceptable risk to potential or unknown

archaeology on the site and to ensure that cultural heritage of the historic village of

Greenhaugh is not adversely affected by the development, having regard to Core

Strategy policies 1, 3 and 18 and the NPPF.



10. Prior to the installation of any external lighting on each dwelling (or agreed group of

dwellings), a detailed lighting scheme shall be submitted to, and approved by, the Local

Planning Authority, to include:

The specific location of all external lighting units

Design of all lighting units design

Details of beam orientation and lux levels across the site

Any proposed measures such as motion sensors and timers that will be

used as part of lighting units

The development shall be carried out in full accordance with the approved lighting

scheme thereafter, unless external lighting is removed in its entirety.

Reason: In order to conserve the tranquillity and intrinsically dark character of the

National Park, in accordance with Policies 1, 17 and 19 of the Core Strategy and

paragraph 125 of the NPPF.

11. Development shall not commence until a Construction Method Statement has been

submitted to and approved in writing by the Local Planning Authority. The approved

Construction Method Statement shall be adhered to throughout the construction period.

The Construction Method Statement shall, where applicable, provide for:

i. details of temporary traffic management measures, temporary access, routes and

vehicles;

ii. vehicle cleaning facilities;

iii. the parking of vehicles of site operatives and visitors;

iv. the loading and unloading of plant and materials;

v. storage of plant and materials used in constructing the development

vi. measures to control the emission of dust and dirt;

Reason: To prevent nuisance in the interests of residential amenity and highway safety,

in accordance with NNPA Core Strategy Policy 3 and the NPPF.

12. The development shall not be occupied until the car parking areas indicated on

BB/08/PSP/06, received on 25/05/16, have been surfaced. Thereafter, the car parking

areas shall be retained in accordance with the approved plans and shall not be used for

any purpose other than the parking of vehicles.



Reason: To ensure that there is adequate space within the site for the parking of

vehicles, in the interests of highway safety, in accordance with NNPA Core Strategy

Policy 3 and the NPPF.

13. The development shall not be occupied until the two means of vehicular access have

been constructed in accordance with the approved plans.

Reason: In the interests of highway safety, in accordance with Core Strategy Policy 3

and the NPPF.

14. Prior to the commencement of development hereby approved, samples of the natural

stone and natural slate to be used for the external facing and roofing materials to be

used in the construction of the dwellings shall be submitted to and approved in writing by

the Local Planning Authority. The approved materials shall be consistent throughout the

whole of the development site and shall comprise natural stone (not reconstituted stone)

and ‘natural’ slate (not imported slate) unless otherwise agreed in writing by the Local

Planning Authority. The dwellings shall be constructed in accordance with the approved

samples.

Reason: To ensure that the materials used in the construction of the development are

appropriate in the context of the design of the development and its surrounding area and

for the development to accord with NNPA Core Strategy policies 1, 3 and 20, the NNPA

Building Design Guide SPD and Chapter 6 of the NPPF.

15. Prior to the commencement of each dwelling (or agreed group of dwellings), precise

details of renewable energy measures for generating energy from decentralised

renewable and/or low carbon sources (as defined in Annex 2 of the National Planning

Policy Framework) shall be submitted to, and formally approved in writing by, the Local

Planning Authority. The information submitted should establish accurate details of the

predicted energy requirements for each unit and demonstrate how the proposed

renewable energy measures will maximise renewable and low carbon energy sources

within the development. The approved renewable energy measures required for each

dwelling shall be implemented in full before the first occupation of that dwelling.

Reason: To ensure that appropriate renewable energy and/or low carbon energy

measures are included, in line with NNPA Core Strategy policies 1, 2 and 25 and Chapter

10 of the NPPF.



16. Unless otherwise agreed in writing with the Local Planning Authority, construction works

shall not take place outside the hours of 0800 hours to 1800 hours Mondays to Fridays

and 0900 hours to 1700 hours on Saturdays. Construction works shall not take place on

Sundays or Bank Holidays.

Reason: In the interests of residential amenity of the occupiers of existing neighbouring

properties and to accord with Policy 3 of the Core Strategy and the NPPF.

17. The development hereby permitted shall not be commenced until a scheme to deal with

any contamination of land or pollution of controlled waters has been submitted to and

approved in writing by the Local Planning Authority and until the measures approved in

that scheme have been implemented. The scheme shall include all of the following

measures unless the Local Planning Authority dispenses with any such requirement in

writing:

a) A desk-top study carried out to identify and evaluate all potential sources of

contamination and the impacts on land and/or controlled waters, relevant to the site. The

desk-top study shall establish a 'conceptual site model' and identify all plausible pollutant

linkages. Furthermore, the assessment shall set objectives for intrusive site investigation

works/ Quantitative Risk Assessment (or state if none required). Two full copies of the

desk-top study and a non-technical summary shall be submitted to the Local Planning

Authority without delay upon completion.

b) If identified as being required following the completion of the desk-top, a site

investigation shall be carried out to fully and effectively characterise the nature and

extent of any land contamination and/ or pollution of controlled waters. It shall

specifically include a risk assessment that adopts the Source-Pathway-Receptor

principle, in order that any potential risks are adequately assessed taking into account

the sites existing status and proposed new use. Two full copies of the site investigation

and findings shall be forwarded to the Local Planning Authority without delay upon

completion.

c) Thereafter, a written method statement detailing the remediation requirements for the

land contamination and/ or pollution of controlled waters affecting the site shall be

submitted and approved by the Local Planning Authority, and all requirements shall be

implemented and completed to the satisfaction of the Local Planning Authority. No

deviation shall be made from this scheme without express written agreement of the Local

Planning Authority. If during redevelopment contamination not previously considered is

identified, then the Local Planning Authority shall be notified immediately and no further



work shall be carried out until a method statement detailing the scheme for dealing with

the suspect contamination has been submitted to an approved in writing by the Local

Planning Authority.

d) Two full copies of a full closure report shall be submitted to and approved by the Local

Planning Authority. The report shall provide verification that the required works regarding

contamination have been carried out in accordance with the approved Method

Statement(s). Post remediation sampling and monitoring results shall be included in the

closure report to demonstrate that the required remediation has been fully met.

Reason: To ensure that any contaminants within the site are dealt with in an appropriate

manner to afford protection to the public, in accordance with Core Strategy Policy 3 and

the NPPF.

18. If during development contamination not previously considered is identified, then an

additional method statement regarding this material shall be submitted to and approved

in writing by the Local Planning Authority. No building shall be occupied until the method

statement has been submitted to and approved in writing by the Local Planning Authority,

and measures proposed to deal with the contamination have been carried out.

Reason: To protect the environment and ensure that the remediated site is reclaimed to

an appropriate standard, in accordance with Core Strategy Policy 3 and the NPPF.

19. Prior to the commencement of development, full details of proposed finished floor levels

of all proposed buildings shall be submitted to and approved in writing by the local

planning authority. The buildings shall be constructed in accordance with the approved

details.

Reason: In order to ensure that the development is sited at a level to ensure that the

approved dwellings do not represent a dominant and overbearing feature, due to the

topography of the site and the relationship with surrounding development, in accordance

with Core Strategy policies 1 and 3.

20. No building hereby permitted shall be occupied until details of soakaways and/or

sustainable drainage systems for surface water drainage have been submitted to and

approved in writing by the Local Planning Authority. The development shall be

implemented in accordance with the submitted details.



Reason: To ensure that surface water can be adequately discharged from the site

without the development creating a negative impact in terms of localised flooding or

pollution and to accord with Core Strategy policies 1, 3, 17 and 27 and the National

Planning Policy Framework.

21. Notwithstanding the provisions of the Town and Country Planning (General Permitted

Development) Order 2015 (as amended) (or any other Order revoking or re-enacting the

Order), no development permitted by Class E of Part 1 of the Order shall be carried out

without the approval of a formal application to the Local Planning Authority.

Reason: To prevent subsequent development from resulting in an overdevelopment of

the site, or causing harm in terms of neighbouring residential amenity, visual amenity or

from impacting upon the special qualities of the National Park, in accordance with Core

Strategy policies 1 and 3 and the NPPF.

Informative Notes

1. This planning permission is granted in strict accordance with the approved plans. It

should be noted however that:

(a) Any variation from the approved plans following commencement of the development,

irrespective of the degree of variation, will constitute unauthorised development and may

be liable to enforcement action.

(b) You or your agent or any other person responsible for implementing this permission

should inform the local planning authority immediately of any proposed variation from the

approved plans and ask to be advised as to the best method to resolve the matter. Most

proposals for variation to the approved plans will require the submission of a new

planning application.

2. This consent is granted subject to conditions and it is the owner and the person

responsible for the implementation of the development who will be fully responsible for

their compliance throughout the development and beyond. If there is a condition that

requires work to be carried out or details to be approved prior to the commencement of

the development this is called a "condition precedent". The following should be noted

with regards to conditions precedent:

(a) If a condition precedent is not complied with, the whole of the development will be

unauthorised and you may be liable to enforcement action.



(b) In addition if a condition precedent is breached, the development is unauthorised and

the only way to rectify the development is the submission of a new application. If any

other type of condition is breached then you will be liable to a breach of condition notice.

3. Northumberland County Council Highways – New vehicle crossing point, Type

Access A, (s.184)

You should note that under the Highways Act 1980, vehicle crossing points are required.

These works should be carried out before first use of the development. To arrange the

installation of a vehicle crossing point (and to make good any damage or other works to

the existing footpath or verge) you should contact Northumberland County Council

Highways Planning on 01670 620295.

4. A copy of the specification for NCC standard access Type ‘A’ is included with the

decision notice.

5. Northumberland County Council Highways – Reminder to not store building

material or equipment on the highway

Building materials or equipment shall not be stored on the highway unless otherwise

agreed with the Highway Authority (Northumberland County Council). You are advised to

contact the NCC Street Works Team on 0345 600 6400 for skip and container licences.

6. This planning permission is granted subject to a legal agreement under section 106 of

the Town and Country Planning Act 1990.



Contact Officer:

For further information contact Chris Stanworth, Planning Officer on 01434 611508 or e-mail:

[email protected]

Background Papers:

Planning Application 16NP0053

EIA Screening Opinion 16NP0053

A location plan is attached to this report. Access to planning file and link to website information

is available from the Planning Officer.

mailto:[email protected]



Documents

Development Management Committee Wednesday 13th July …€¦ · Development Management Committee Wednesday 13th July 2016 DMC2016-024 16NP0053 Burnbank Farm Page 3 of 42 2. Planning